MADISON, Alabama -- The Madison school district is poised to be the first system in the state to officially file a court brief supporting the judge's ruling that declared the Alabama Accountability Act unconstitutional.

The Madison school board on Wednesday authorized Superintendent Dee Fowler and the board's attorney to draft an "amicus curiae" brief to add to the court record. An amicus, or "friend of the court," brief is a legal document filed by someone who is not a party to a court case, but who has an interest in the matter at hand.

Montgomery County Circuit Judge Gene Reese in May ruled that the Accountability Act is unconstitutional, finding fault in the way the law was passed by the Legislature in 2013. That ruling was issued in a challenge of the law brought by Sen. Quinton Ross, D-Montgomery, Alabama Education Association President Anita Gibson and Lowndes County School Superintendent Daniel Boyd.

Woody Sanderson, legal counsel for the Madison County school board, explained that appeals have been filed in the case and that there is now a time period in which amicus briefs can be filed.

"We believe there will be some interest from other local superintendents and others around the state," Sanderson said.

Eric Mackey, executive director of the School Superintendents of Alabama, confirmed to AL.com that there is interest across the state. He said, however, that, as far as he knows, the Madison board is the first to officially act.

"I don't know of any others that have 'approved' moving forward, but I can tell you that many, probably dozens, are considering it," Mackey said. "Many school board attorneys were very concerned about the process that was used in the drafting and passage of the legislation."

Mackey said it would be difficult, however, to estimate how many districts will follow through on their consideration.

Fowler said during Wednesday's meeting that he thinks other superintendents will follow suit if Madison takes action.

"I do think that it will catch on," Fowler said.

Fowler asked Sanderson if the brief would make the district a party to the court case, and the attorney assured him it would not. Sanderson said it would work solely to express the district's viewpoint on the issue.

Board member Ranae Bartlett questioned whether any amicus briefs would become part of the appeal arguments before the court. Sanderson said he anticipated that there would be oral arguments, but that the amicus briefs would likely be discussed for no more than a few minutes during those arguments.

The Accountability Act, which began as the "school flexibility" bill, was hurriedly passed by the Republican-led Legislature in February 2013, after a conference committee tripled the size of the bill and added a provision that created a program allowing parents of students in "failing" public schools an income tax credit to help pay the costs of transferring to a private school or a better public school. The changes also added a program to offer scholarships for private school tuition.

When Reese declared the law unconstitutional this past May, he issued an injunction blocking those provisions from moving forward. In June, however, he issued a stay of that injunction, which allows families to take advantage of those programs while the appeal is ongoing.